Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 15Baker, Voorhis & Company, 1891 |
From inside the book
Results 1-5 of 84
Page 2
... rule is that in the construction of instruments in writing regard must be had and full effect given to the entire instrument ( McAdam , Landlord & T. , 2d ed . p.181 ; Farmers ' Bank v . Clark , 4 Leigh 603 ; Angel Limitations , § 236 ...
... rule is that in the construction of instruments in writing regard must be had and full effect given to the entire instrument ( McAdam , Landlord & T. , 2d ed . p.181 ; Farmers ' Bank v . Clark , 4 Leigh 603 ; Angel Limitations , § 236 ...
Page 19
... rule may be regarded as well established , that the power is incident to the authority of the arbitrators , and that it is not essential that it should be conferred in terms by the submission ( Nichols v . Rensselaer Co. Mut . Ins . Co ...
... rule may be regarded as well established , that the power is incident to the authority of the arbitrators , and that it is not essential that it should be conferred in terms by the submission ( Nichols v . Rensselaer Co. Mut . Ins . Co ...
Page 27
... rule adopted in Hawley v . Northern Central R. Co. ( supra ) is a very just one for that class of cases . Evidently a locomotive en- gineer cannot be presumed to be actually acquainted with the construction and condition as to repair ...
... rule adopted in Hawley v . Northern Central R. Co. ( supra ) is a very just one for that class of cases . Evidently a locomotive en- gineer cannot be presumed to be actually acquainted with the construction and condition as to repair ...
Page 29
... rule that an action against an officer of a corporation , for misappro- priation of corporate funds , or for damages for waste or destruction of corporate property , through misfeasance in office or violation of duty , cannot be brought ...
... rule that an action against an officer of a corporation , for misappro- priation of corporate funds , or for damages for waste or destruction of corporate property , through misfeasance in office or violation of duty , cannot be brought ...
Page 34
... rule , established by adjudi- cations , and providing for such suit in the name of the cor- poration itself , or by a stockholder , if the corporation refuses . I may say , however , that I cannot perceive wherein the statu- tory remedy ...
... rule , established by adjudi- cations , and providing for such suit in the name of the cor- poration itself , or by a stockholder , if the corporation refuses . I may say , however , that I cannot perceive wherein the statu- tory remedy ...
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Common terms and phrases
accident action was brought Adler affidavit agreement Albert Watson alleged ALLEN amount answer applied arbitrators authority award BOOKSTAVER Bowery Savings Bank cause of action charge City Court Civil Procedure claim common carrier concurred contract contributory negligence corporation costs counsel court entered Court of Appeals damages debt Decided December decision defendant defendant's delivered demurrer denying a motion district court duty elevated railroad Elevated Railway entitled evidence facts favor fendant filed fraud ground held HOESEN injury issue J. F. DALY Judgment affirmed jury justice landlord LARREMORE lease liable lien Manhattan Manhattan Railway mechanic's lien ment mortgage negligence opinion order denying owner parties payment person plaint plaintiff premises proof purchase question Railroad Company reason refused rendered rent res adjudicata respondent rule Special Term statute stockholder tenant testimony thereof tion trial ordered trustees verdict Watts writ of mandamus York
Popular passages
Page 158 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 475 - This is an action brought to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant.
Page 17 - Affidavit above referred to, but as and for damages alleged to have been suffered by the Plaintiff by reason of the sale and conveyance made by the Defendant to one W.
Page 289 - The testimony made out a prima facie case of negligence on the part of the...
Page 120 - ... together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances.
Page 74 - An adjudication is final and conclusive not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have...
Page 571 - The court may determine the controversy, as between the parties before it, where it can do so without prejudice to the rights of others, or by saving their rights ; but where a complete determination of the controversy cannot be had without the presence of other parties, the court must direct them to be brought in.
Page 180 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 429 - When it is objected at the trial, and appears by the evidence, that the action is brought in the wrong county, or township, or city...
Page 494 - In this case the plaintiff undertook to make a bust which should be satisfactory to the defendant. The case shows that she was not satisfied with it. The plaintiff has not yet then fulfilled his contract. It is not enough to say that she ought to be satisfied with it, and that her dissatisfaction is unreasonable. She, and not the court, is entitled to judge of that. The contract was not to make one that she ought to be satisfied with.